SUBASH CHANDRA MISHRA Vs. PRESIDENT

JUDGEMENT

(1.) Despite service of notice, none appears for the Respondents.

(2.) The present appeal is directed against an order dtd. 18/12/2018 passed by the learned Single Judge allowing writ petition i.e. W.P.(C) No.12929 of 2018 filed by the Respondent-Sanjay Memorial Institute of Technology (SMIT) challenging an order dtd. 29/6/2018 passed by the Appellate Authority under the Payment of Gratuity Act (PG Act) whereby the appeal filed by the Respondent-Institute had been dismissed and an order passed by the Controlling Authority under the PG Act-cum-Labour Commissioner, Berhampur on 23/2/2013 allowing the claim of the present Appellant and directing the Institute to pay his gratuity amount was affirmed. The net result is by the impugned judgment the learned Single Judge has upheld the claim of the Respondent that the present Appellant, who was employed as a Welder (Instructor), was a 'teacher' and, therefore, not covered under the definition of Sec. 2(e) read with Sec. 4 of the PG Act.

(3.) In arriving with the above conclusion, the learned Single Judge has placed extensive reliance on the judgment of the Supreme Court in the case of Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer (2004) 1 SCC 755.